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Supervisory Liability
- Article from:
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Law & Order
- Article date:
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May 1, 2008
- Author:
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Copyright informationCopyright Hendon Publishing Company May 2008. Provided by ProQuest LLC. (Hide copyright information)
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While the term "supervisor" is often used to describe a first-line supervisor, supervisory liability can be incurred by any supervisor: first-line, second-line, third-line, and so on. Any police commander can be sued personally for supervisory liability where there are alleged supervisory failures.
In lawsuits brought under state law (for negligence, as an example) the law varies somewhat from state to state on when a supervisor can be held liable for the actions of a subordinate. Most lawsuits against police, however, involve claims of federal constitutional misconduct and are brought under Title 42 of the United States Code, section 1983. These actions are commonly referred in legal ...